[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 2-2002, 3/6/2002, § 1]
1. The legislative intent in authorizing and permitting the residential
cluster design as a conditional use is to permit increased density
of residential uses when the developer can demonstrate that public
water and public sewage disposal will be available for all residential
uses proposed and to permit and promote commonly owned open space
areas for passive recreational use or active recreational use by the
residents of such subdivision. It is intended hereby to permit cluster
design residential uses in subdivisions so that impervious areas may
also be reduced.
2. The conditional use is to encourage site planning which will preserve
natural tree lines and avoid the unnecessary destruction of trees
as well as to create effective and efficient designs which will tend
to preserve steep slopes from unnecessary erosion; and also avoid
wetland and stream encroachment.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2]
1. A building may be erected, altered or used and a lot or premises
may be used for any of the following purposes and for no other:
A. Single-family detached dwelling.
B. Accessory use on the same lot with and customarily incidental to
the single-family dwelling. The term accessory use shall not include
a business or any private operation that would normally be conducted
as a business use nor the housing of farm animals and may include
the following accessory uses:
(1)
Private parking or garaging of residential use vehicles.
(2)
Private home swimming pool.
(3)
One accessory building used for household storage not to exceed
a maximum of 120 square feet in area nor 10 feet in height.
(4)
No use shall be permitted which is in violation of the prohibitive
uses and performance standards as set forth in Article 21 of this
chapter.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 8-1996, 12/12/1996, § 2;
by Ord. 2-2002, 3/6/2002, § 2; and by Ord. 2-2004, 4/21/2004,
§ 3]
1. The applicant for approval of the residential cluster design shall
submit a plan, which plan shall include only those areas designated
on the Zoning Map as though situated in the R-1 Residential District
and/or the R-2 Residential District and/or the Commercial District.
The residential cluster design is permitted as a conditional use when
the following conditions are met:
A. The gross area of the tract to be developed shall be no less than
15 contiguous acres and wherein at least 20% of the proposed site
to be developed contains environmentally sensitive areas as defined
herein.
B. The design shall meet and comply with all the standards set forth
in § 1204 except as provided in paragraph .C below.
C. When the open space to be provided is shown to be 55% or more of the gross area of the tract and such open space is to be dedicated to the common benefit of the residents, the Board of Supervisors may approve a subdivision layout other than that which is required by §
27-1204, Subsection
1A and
F(5).
D. In order to better illustrate the benefits of the submitted cluster
plan, a "by-right" sketch plan shall be included as an exhibit for
comparison.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 8-1996, 12/12/1996, § 3;
by Ord. 5-1998, 7/1/1998, § 1; and by Ord. 2-2002, 3/6/2002,
§ 3]
1. All plans submitted for residential cluster design shall meet the
following standards:
A. The maximum number of dwelling units in each cluster shall be no
more than 15 units. A cluster is defined as a collection of dwelling
units on a road, which road shall be designed to provide access to
and from the residential units.
B. The cluster use plan shall specify the minimum setback areas and
the road where the cluster is proposed shall be designed and located
according to the standards as set forth in paragraph .E herein.
C. The minimum open space shall be no less than 40% of the gross area
of the tract.
D. The application shall certify the proposed use of public water and
public sewer for sewage disposal. Public water shall mean a water
company providing water in the area such as Philadelphia Suburban
Water Company or Chester Water Authority. The public sewer company
providing sewage disposal shall be an area sewer company used by the
general public such as that which is provided by a municipal authority
or a municipal sewage disposal company and any existing sewage disposal
company as of the enactment of this chapter.
E. The applicants shall demonstrate the feasibility of safe and appropriate
ingress and egress to the subject site within the intent of this chapter.
F. The following residential use area and bulk regulations shall be
applicable. The development of the plan shall at all times take into
consideration the location of residential uses in any residential
area adjoining the proposed cluster and shall design the cluster so
as to protect the existing character of the adjoining residential
areas.
(1)
The gross tract density (i.e., the maximum number of dwelling
unit(s) shall be no more than one unit for each 0.75 acres of gross
tract area.
(2)
Dwelling units shall be constructed at a minimum of 25 feet
from the street line upon which the unit fronts. Each dwelling unit
shall have a total aggregate side yard of no less that 30 feet with
a minimum side yard of five feet and a minimum rear yard of 25 feet.
Lot frontage at front building line shall not be less than 75 feet.
All dwelling units adjacent to or fronting on an existing Township
street or state road shall be set back from the said street the minimum
number of feet as the setback required in the existing zoning district.
No lot lines shall be located within 25 feet of any area delineated
as wetlands or floodplain by any governmental agency.
(3)
Each street upon which the clusters of dwellings front shall
have a minimum paved cartway of 27 feet and a minimum right-of-way
of 50 feet. In the event a cul-de-sac street is designed, the cul-de-sac
shall have a minimum paved radius of 40 feet and a dedicated radius
of 50 feet.
(4)
For each dwelling unit, two off-street parking spaces shall
be provided, one of which shall be located behind the front building
line.
(5)
A landscaped area shall be designed and submitted for each conditional
use to be maintained between clusters. The landscaping plan shall
contain a minimum of two inches caliper trees in a design of one tree
for each 4,000 square feet unless the nature of the existing terrain
or the terrain when developed would require a lesser standard. The
landscaped area between the clusters shall be no less than 100 feet
in width and shall not include any lot areas.
(6)
No more than 25% of each lot shall be occupied by buildings
or other impervious surface, swimming pools included. When the applicant
provides a buffer area along any perimeter boundary of the tract (or
portion thereof) of at least 50 feet in depth, each new lot adjacent
to that buffer shall be entitled to a maximum impervious coverage
of 35%. For all lots that are not adjacent to this buffer, an additional
5% of each lot may be occupied by buildings or other impervious surface,
upon application by the subsequent lot owner to the Code Enforcement
Department for cause shown.
(7)
No accessory structure shall be permitted in the front yard
setback area; and accessory structures, including swimming pools,
shall only be permitted in the rear yard setback area at least 10
feet from the rear property line and in the side yard setback area
at least 10 feet from the side property line.
[Amended by Ord. 3-2014, 11/5/2014]
(8)
All other design standards, as established in the applicable residential districts of this chapter and Subdivision Ordinance [Chapter
22] shall continue to apply, including the provisions requiring subdivision and land development approval.
G. All or some of the environmentally sensitive areas, as defined herein,
shall be preserved and reserved in open space with a total of no less
than 40% of the tract reserved in open space. All open space proposed
shall be set forth on the plan. The plan shall delineate the critical
natural resources and the proposed location of the residential cluster
use including public improvements describing how the use will promote
the protection of the site within the intent of this article.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 5-1998, 7/1/1998, § 1;
and by Ord. 2-2002, 2/6/2002, §§ 4, 5]
1. In addition to the aforesaid, the residential cluster design shall
meet the following standards for open space:
A. The open space shall consist of area of such size and dimension to
be suitable for the use and enjoyment of residents of the proposed
development. The space shall be accessible by all residents and shall
be of a suitable character for active and passive recreation and conservation.
For the purposes of calculation open space requirements under this
chapter, floodplain and stormwater management facilities shall be
excluded.
B. The area shall contain no structure other than structures specifically
relating to recreational use and historic buildings and structures.
C. The open space, where practical, shall be arranged to preserve the
environmentally sensitive characteristics of the site and to provide
direct or easy access and view from all dwelling units.
D. The open space shall serve as a buffer and transition area between
land uses, including residential developments of different densities
and along tract boundaries. The buffer shall be a minimum of 100 feet
and shall be landscaped to provide a visual screen. The design shall
take into account and use the existing vegetation which otherwise
shall be undisturbed. An easement of access of at least 30 feet wide
shall be provided into the area of the buffer if access is desirable
or required.
E. The open space shall be preserved in perpetuity by (1) the acceptance
of dedication of land or any interest therein for public use, at the
discretion of the Supervisors of Thornbury Township or (2) by the
establishment of an organization for ownership and maintenance of
the open space, the conditions of which are such that the organization
shall not be dissolved nor shall it dispose of the open space by sale
or otherwise without first offering to dedicate the same to the public.
F. Common open space may not be part of the lot area assigned to a dwelling
unit.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 5-1998, 7/1/1998, § 1]
1. Open space shall be held under any one or more of the following forms
upon receiving approval of the Board of Supervisors of Thornbury Township:
A. Homeowners Association. The applicant may provide for the establishment
of an organization for the ownership and maintenance of the common
property and improvements. The organization shall consist of property
owners within the cluster development, each receiving an equal vote
and responsibility. Such an organization shall not be dissolved nor
shall it dispose of the common property and improvements unless transferred
to a type of ownership permitted hereunder.
B. Condominium Association. The open space as authorized herein may
be controlled through the use of a condominium agreement. Such agreements
shall be in conformance with the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq. In such instance, all open
space and improvements shall be held as a "common element."
C. Dedication of Easements. The Township of Thornbury may at any time
accept easements for the public use of any portion or portions of
the open space. Such land shall be thereby accessible to the residents
of the Township. In the event of a dedication of an easement the Township
shall enter into a maintenance agreement with the owners of the open
space.
D. Transfer of Easements to Private Conservation Organization. Easements
on open space may be transferred to a private, nonprofit organization
involved in the conservation of natural resources upon approval by
the Township of Thornbury. The conveyance of an easement shall contain
appropriate provisions for the reversion to the Township at any time
the property is not used pursuant to the intentions of this chapter.
Prior to the transfer of an easement a maintenance agreement shall
be entered into between the Township, the organization holding ownership
and the proposed conservation organization.
E. Fee Simple Dedication. Nothing herein is intended to prevent the
dedication of all or part of the open space to the Township of Thornbury
for the use and maintenance by the Township for open space.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 5-1998, 7/1/1998, § 1]
1. In the event an organization, a homeowners association or a condominium
association undertakes the responsibility of maintaining the open
space and improvement and fails to maintain the same in reasonable
order and conditions in accordance with the development plan, the
Township may serve written notice upon the organization or residents
in the development setting forth the manner in which the organization
has failed to properly maintain the common areas.
2. Notice shall demand that the deficiencies of maintenance be corrected
within 30 days and shall establish the date and place of a hearing
to be held on the delinquency. Such a hearing should take place within
14 days of the notice. Should the deficiencies set forth in the original
notice or in the subsequent modifications fail to be corrected within
the established 30 days, the Township, in order to preserve the taxable
values of the affected properties may enter the open space and improvements
and maintain them for a period of one year. Such efforts shall not
constitute a taking of the property nor vest in the public any right
to use the same. The cost of maintenance by the Township shall be
assessed ratably against the properties within the development that
have a right of enjoyment. Such assessments shall become a lien on
the said properties and shall be perfected by filing in the office
of Judicial Support of Delaware County.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 5-1998, 7/1/1998, § 1]
1. The formation of a homeowners' association shall be governed according
to the following regulations:
A. The applicant shall provide a description of the association including
its by-laws and methods for maintaining open space and improvements.
B. The association shall be established by the applicant and operated
with financial subsidization by the applicant prior to the sale of
any lots within the development.
C. Membership in the association is mandatory for all purchasers of
lots and their successors.
D. Controlling interest shall not be conveyed from the applicant to
the homeowners association prior to completion and sale of at least
60% of the total number of units.
E. The association shall be responsible for meeting insurance and tax
obligations on the open space and improvements.
F. Rights and duties of the Township and members of the association
in the event of a breach of the covenants and restrictions shall be
defined at the time of the granting of the conditional use.
G. The bylaws shall include a statement which grants to the Township
such power, but not the duty, to maintain the open space and common
facilities and to assess the cost of the same as provided within the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
H. A provision for leasing open space back to the original developer,
individual or corporation for the maintenance of open space, provided
residents have access at all times and provided the lease is approved
by the association and the Board of Supervisors.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995,
§ 2; as amended by Ord. 2-2002, 3/6/2002, § 6]
An application for conditional use shall be submitted to the
Board of Supervisors of the Township of Thornbury. A hearing pursuant
to public notice shall be conducted within 60 days of the application.
The decision granting or denying the conditional use shall be issued
in writing to the applicant within 45 days of the close of the public
hearing. Should the use be granted conditioned upon requirements of
the Township Supervisors, the applicant shall have 20 days from issuance
of a written decision in which to submit an acceptance of the conditions
imposed by the Township. Should the applicant decline to submit an
acceptance of the conditions imposed by the Township within 20 days,
the right of appeal according to law shall run from the end of the
said 20 days during which acceptance is to be submitted.